Management Essays Management Coach

Management Essays Management Coach Management Coach Taking the role of a management coach, you have been requested to analyse the leadership style of a specific business leader. Outline the process of the individuals leadership through a period of change and critically evaluate the outcome of the leadership approach in the organisation. Support your briefing paper with reference to a significant range of leadership and organisational development theories. Leadership, management style, organisational and national culture, organisational structure communication, team management and ethic/values are likely to be addressed. Identify and evaluate how a knowledge of leadership and or and organisational development can improve a managers efficiency and effectiveness in managing an enterprise. You are encouraged to take a holistic perspective and provide a critique of contemporary research and practice. An essential part in the running of an organisation is directing the efforts of their members towards the goals and objectives. This involves the process of Leadership. In simple terms leadership can be interpreted as getting others to follow or getting people to do things willingly or more specifically, the use of authority in decision-making. This essay will consider theoretical accounts of leadership behaviour and compare them to the chosen leader. The organisation that has been chosen is the Disney Corporation. Since the company was formed there have been two charismatic, but strikingly different leaders. A few years ago the Walt Disney Company was famous for a little mouse, a collection of vintage animated films for children, and two aging theme parks. Today, the sun never sets on the Disney entertainment empire. Along with its animation business, creator of blockbusters such as Beauty and the Beast, Disney now owns three other studios. After a problematic start Disney has exported the park business to Japan and France. There are two new Disney cruise ships, Wonder and Magic, and 725 Disney stores at locations all around the world. The driving force behind Disneys metamorphosis has been Michael Eisner, who became CEO and chairman in 1984 after a brief but intense battle for the position (Wetlaufer, S. 2000). The founder of the organisation Walt Disney, employed the best talent available, and by means of his own drive and enthusiasm, encouraged them to reach new heights. Walt Disney strived to maintain absolute, unchallenged control over every detail of his empire. Employees worked under an autocratic visionary; they expected big ideas and decisions to come from the top. When Walt Disney died in 1966, the company floundered creatively and financially for years. There were competent, dedicated people in management and talented, hard-working artists in the creative departments, but there was no vision, no leadership (Hightower, D. 1993). The choice of Michael Eisner as CEO of Disney has been a triumph of creativity in American business. Choosing creativity over financial know-how was a tremendous risk, but it has paid off: in the past eight years, revenue has grown on averaged 25 percent annually, Disney stock has increased tenfold in value and the company has been transformed into the worlds most successful entertainment empire. For the first time in Disneys history, an outsider was going to run the company (Hightower, D. 1993). Leadership is different from management; company leaders in action illustrate the practice of leadership. It is not just leadership that is required, both management and leadership are needed. However, during times of high-stakes change, organisations will fail without widespread good leadership (Coyle, J. 2000). Managers promote stability within an organisation, while leaders press for change. An organisation requires leadership at all levels, from the Directors board down to the Shop floor and cleaners. However, leadership is not a uniform command, for example the Waitress on the Shop floor will not receive identical commands and relationships from their manager as someone working in the finance department would from his or her manager. There are different forms of leadership and behaviour from which managers can implement to what they feel best suits the situation. The type of leadership adopted at different levels is a crucial part in achieving the aims and objectives and thus the success of the company (Burnes, B. 2000). Webber (n.d.) defined the types of authority of leaders in organisations into three categories, (1) Traditional, authority is legitimised by custom, and belief in the right to rule. There are traditional proper right to rule, example of this is the sovereignty, the church or a paternalistic employer. (2) Charismatic organisations, authority is legitimised by the quality of the leader, there strengths, personality and inspiration. There is a need for some routine; with the demise of the leader the organisation can change structure unless another charismatic leader is found, (3) Bureaucratic organisations, authority is based on the acceptance of the formal rules, the law within the organisation, authority comes from the hierarchical position within the organisation, examples of this are the armed forces and schools (Webber (n.d.) cited in Mullins, L, 2005: 77). Transformational leaders are able to effectively communicate their vision to an organisation and provide an environment where individuals are empowered to achieve that vision. Instead of telling employees what to do, transformational leaders provide the tools that can help employees achieve greatness. A subset of transformational leadership is charismatic leadership, which is built on the idea that sheer force of personality can be enough to provide leadership to an organisation and inspire high levels of personal loyalty from employees to leaders. The Disney Company has had two charismatic leaders in its history: Walt Disney and Michael Eisner. Disneys tenure was followed by lacklustre performance at the company after his death, and none of the executives at the organisation possessed a personality strong enough to replace the founder (Mullins, L. 2005). The trait approach assumes that the leaders are outstanding through their specific personality traits, cognitive abilities, interpersonal styles and other ability factors that distinguish them. This concept implies that leaders are rather born than made. Grint (2000) argued, There is no hope for those of us, not born with certain gifts or talents for leadership (Grint, K. 2000). The research done by Fleischman and Harris (1962) found two explicit behaviours: consideration and task-orientation. The first factor, consideration, involves a high regard for the leaders subordinates, sharing ideas and incorporating the subordinates as close as possible into the area they are involved. The second one, task-orientation, is mainly connected with the production and ignoring the subordinates to a great extend (Fleischman and Harris (1962) cited in Grint, K. 2000). The relatively new concept of charismatic leadership is based on the belief that the leader can broaden the awareness and interest of his/her followers. Consequently, the aims of the leader are of greater importance and are placed prior to the personal goals. Steers (1996) defines charismatic leadership as a special quality that enables the leader to mobilise and sustain activity within an organisation through specific personal actions combined with perceived characteristics. Employees are motivated by charisma beyond their original expectations. This is done in three ways, awareness about certain key issues and processes are raised, organisational goals are placed above the own interests and adjusting the needs level, so they have a stronger drive for responsibility, challenge and personal growth (Steers, R, 1996:693). Strength in Grint (2000) theory is it does not introduce quantifiable factors; hence it cannot be treated as a rigid science, such as Mathematics. Grint says that leadership is essential an interpretative affair, it casts doubt upon those claiming scientific legitimations for their claims and buttresses an approach to leadership that firmly within the arts not the sciences. It is not a rigid formula that applies to all leaders (Grint, K. 2000). Therefore the more scientific our methods of analysis become, the less likely we are to understand leadership because it is not accessible to scientific approaches. Taking this statement into considerations, it is clear that the charismatic leadership approach is a significant development, since it does not try to quantify. Henry Mintzberg discussed that the behaviour is hard to reconcile, on the surface at least, with traditional notions of what top managers do. It is hard to fit the behaviour into categories like planning, organizing, contro lling, directing, or staffing (Henry Mintzberg Cited in Kotter. J 1999). Even when times are hard, work was fun and exciting, and this has been incorporated in Eisners management style. But there are limits to the autonomy. Senior management delegates authority, not autonomy, downward in the organisation. Sometimes in large companies, too much gets delegated, especially now that empowerment is the rage. Eisner stated I just believe that those with the most experience should be given the most opportunity to handle really tough situations, these situations can put a company or a division at risk (Eisner, M. cited in Wetlaufer, S. (2000). So autonomy has its place. Delegation has its place. But sometimes you have to push problems back up to the top. Otherwise, you just might bump into the biggest corporate problem of all. Eisner, M. (2002) described what the most important areas of management are (1) youve got to be an example. (2)Youve got to be there. (3)Youve got to be a nudge, which is another word for motivator, really. (4) And youve got to show creative leadership, you have to be an idea generator, all the time, day and night (Eisner, M. (2000) cited in Wetlaufer, S. 2000). Thats not really a role. Its an underlying responsibility, its always there. Leading by example also means showing a combination of enthusiasm and loyalty to the institution, and it certainly means demanding excellence in the organisation (Wetlaufer, S. 2000). The two fundamental challenges to a manager are to (1) figure out what to do despite uncertainty and an enormous amount of potentially relevant information. (2) Get things done through a large and diverse group of people despite having little direct control over most of them. These challenges have severe implications for the traditional management functions of planning, staffing, organizing, directing, and controlling. To tackle challenges, effective general managers rely on agenda setting and network building. The best ones assertively seek information (including bad news), skilfully ask questions, and seek out programs and projects that can help accomplish multiple objectives. When a new manager starts their role they spend a considerable amount of time establishing their agendas. Effective executives develop agendas that are made up of loosely connected goals and plans that address their long, medium, and short-term responsibilities (Kotter, J.1999). This pattern of network-building is typical of a managers role and is aimed at more than just direct subordinates. Managers develop cooperative relationships with and among peers, outsiders, their bosses boss, and their subordinates subordinates. Indeed, they develop relationships with (and sometimes among) any and all of the hundreds or even thousands of people on whom they feel in some way dependent. Just as they create an agenda that is different from, although generally consistent with, formal plans, they also create a network that is different from, but generally consistent with, the formal organisational structure (Kotter, J.1999). This networking commence as soon as Eisner was appointed, gaining valuable contacts within the organisation. Managers of organisations have responsibility to get the strategic intent right, not just for the advantage of the organisation. Drucker (1989) discussed the responsibility of management as being decisive not only for the enterprises itself, but for the Managements public standing.for the very future of our economic and social system and the survival of enterprise. The decisions that managers make, do not just affect the organisation, they have an affect on the whole of society, with ethical, environmental and social considerations. Misjudged and misguided strategies have in the past brought down organisations both financially and in their reputation, damaging the publics opinion of them (Drucker (1989) cited in Mullins 2005:214). Therefore strategic decisions are likely to affect the operational level of an organisation, which needs to be in tune with long term goals of the organisation. This factor is important in decision making; firstly if the operational level is not in line with the strategic level this can cause conflict and jeopardise the strategy, secondly it is at the operational of an organisation that the real strategy is achieved (Johnson G , Scholes, K 2004). The Walt Disney Company continues to prosper, by maintaining and ever improving quality standards across the board. Walt Disneys Employee Forum is a publication created not only to motivate employees but to discuss past, present, and future accomplishments of the company. Disneys large corporation has very detailed and clear segmentation, and strives for quality in every product. Others in the entertainments industry, including, for example, Time Warner, MCA, and DreamWorks, also have their own unique quality factors. It is this differentiation and distinctiveness that may be the key to their recognition for what they do, and why they are so good (Anonymous1997). Successful organisations are fluid, forever moving and adjusting to the market forces. From the previous years performance new goals are set, brining in innovative fresh activities that make the organisation more effective. These criteria include increased employee versatility/flexibility; increase of expertise; broadening of the market base; increasing production capacity; improved production economy; and the ability to respond to change. Although some of these decisions are at a strategic level, others will show results with the year. These can be measured to ensure that the strategies are working for the organisation (Mullins, L, 2005). Creativity can be one of the key drivers in business today. At the Walt Disney Company, creativity is not just a tool or a technique to increase productivity; it is the heart of the business. The creative process is practiced and nurtured at Disney, and the application of a similar approach could dramatically impact businesses in a multitude of industries (Hightower, D. 1993). Eisner stated that Disney is a company built on a powerful combination of institutionalised creative friction, an environment that produces a constant stream of ideas and good, old-fashioned common sense. Together, he stated conflict and common sense yield creativity, and creativity has a way of cleaning up the balance sheet and making the income statement shine very brightly (Eisner, M. cited in Wetlaufer, S. (2000). The opinion that all knowledge is viewed as objects to the organisation, and therefore can pass between different states, has contributed to the focus of knowledge management systems (KMS) that they should be externalised and merged with tacit forms of knowledge. This theory is backed up by Cohendet et al.s (1999) recent attention to the codification of experience, know-how and localised tacit knowledge Through the processes of conversion between employees triggers the process of intuiting, interpreting, and integrating them into the organisation (Cohendet et al 1999:523). Healthy organisations would like to be viewed as containing harmonious working relations, committed to working together towards the common goal. Conflict is a reality within the organisational climate; therefore conflict has to be managed. The most specific level the culture of the organisation can be seen as the aggregation of the cognitive interpretations of the organisation workforce, conflict can reveal itself. This conflict arises from the personalities and experience of the individuals, together with the interactions between employees that can cause distortion (Hamlin, B. et al 2000). Diversity is a great force toward creativity. For many, Disney has made its members, (that is what they call employees) a diverse group of people. The more diverse an organisation, the more diverse are the opinions that get expressed, which sometimes create friction, and friction slows down the machine. When the machine slows down, good things can happen. If it is just sliding along with no friction, you get the easy solution; you get mediocrity. We work very hard on getting diversity at the top of the organization, and like many organisations we still have room to improve. That will make us more creative. This diversity is not just about skin colour or ethnic background, it is diversity in point of view. They encourage individualism, wanting employees who view the world differently (Wetlaufer, S. 2000). This whole business starts with ideas that come out of an environment of supportive conflict, which is synonymous with appropriate friction. This is an environment where people are not afraid to speak their minds or be irreverent. Uninhibited discussion gets ideas, which can be look at, made better or just get rid of them (Eisner, M. cited in Wetlaufer, S. 2000). Corporate creativity requires an innately creative leader and the managerial capability to syndicate creativity at the organisational level (Hightower, D. 1993). Cultural descriptions distinguish one organisation from another, and influence the people in the company as individuals as well as company performance. Such culture is a diffuse and nebulous notion, encompassing the underlying values, beliefs and principles of the personnel as they are expressed within the management, structure and practices (B Fletcher, F  Jones, 1992). Although Trompenaars suggests that all societies view time in different ways which may in turn influence business activities. The American dream is the French nightmare. Americans generally start from zero and what matters is their present performance and their plan to make it in the future. This is noveau riche for the French who prefer the ancien pauvre; they have an enormous sense of the past. This clash in national culture between the organisation and the country it is in, was experienced by the Disney corporation when they first tried to expand into new markets (F, Trompenaars (n.d) cited in N, Brealey, 1993: 66). The Aston School points to convergence of organisational culture. An example of this is the work of Hickson et al which suggests that there is a relationship between factors such as size/technology and structures which transcends culture. A bureaucracy in all societies and bureaucratic structures are more likely to occur in particular sectors of the economy. Other Commentators have followed Kerr et al who suggest that industrial or post-industrial societies would in any case become more alike as they are developed in the future. The contrary argument that culture does matter when studying organisational behaviour can be seen in the work of Geert Hofstede. During his work Hofstede identified four dimensions of culture; power distance; uncertainty; avoidance; individualism; and masculinity (Hofstede, G 1980). Ensuring that Disney cast members are committed and motivated, and that they behave appropriately, is the most challenging part of Eisners role (Wetlaufer, S. 2000 a). There are various cultural and structural factors that have a direct affects on organisations that can impinge on the very success of the organisation. These are highlighted when an organisation attempts to redefine itself, to change their image in an attempt to maintain or to enhance their competitive capabilities (L Gratton, 1999). Creating a worldwide brand also means creating a common vision and, to create synergy among its businesses worldwide, Disney runs a program, Disney Dimensions, for senior executives drawn from every division of the company to ensure they work in a common aim. Eisner describes this program as a synergy boot camp. Participants have eight days of meetings, covering every aspect of the business. They dress up as Disney characters, oversee the catering, learn how beds are made and spend time in all the different Disney divisions learning what these do and how they work. Basically they are learning for 16 hours a day how to do every single job in the business (Wetlaufer, S. (2000 a). Disney entertains people, so an energised culture is encouraged. This is reinforced in weekly meetings that anyone could offer up an idea and gets other people to react to it. These are big, unruly, disruptive meetings, which supports institutionalised conflict. The honesty in the teams and culture is vital in this culture. This is in the environment where criticism goes up as well as down. In this culture where every one is equal, there is no pecking order it produces creativity (Wetlaufer, S. 2000). Managers achieve more indirect influence through symbolic methods. They use meetings, language, stories about the organisation, even architecture, in order to get some message across indirectly. The symbols of the Disney Corporation are everywhere, reinforcing the values to employees (Kotter, J.1999). An important aspect that adds to organisational effectiveness is synergy, when the whole performance is greater that the performance of the individual components, that the performance of the organisation outstrips the performance of the individual, this is positive synergy (Mullins. L. 2005).Positive synergy occurs when two or more processes or activities complement each other. The concept of synergy can be considered and implemented by changing the links that bind certain departments together, linking new departments together (Johnson G, , Scholes K, 2004). Mullins (2005) stated that his could lead to a broadly and powerfully defined culture which is strongly customer focused and capable of leap frogging the competition through continual and radical innovation (Mullins, L. 2005:256). Synergy occurs at Disney, because they all pull together. The products scream out for synergy. When launching a new product it is on the cover of our magazines, on the Disney channels around the world and displayed in the windows of the shops. All employees around the world know what is happening and are involved (Wetlaufer, S. 2000). Classical writers discussed the organisation in terms of its purpose, with its formal structure; the hierarchy of the organisation. The emphasis placed on planning work, achieving this through managing the technical requirements, and the presumption of logical and rational behaviour from within the organisation. Each individual classical writer puts forward their own interpretation of similar theories (Mullins, L 2005). Baker (1972) discussed these principals as it offered simple principals which claimed general application it also followed architectural and literary styles which emphasised formality, symmetry and rigidity (R Baker (1972) cited in Buchanan D and Huczynski A 1991: 430) The Disney Corporation treats its members with reverence, respecting the individuals diversity. However the uniform of its customer facing members demonstrates rigidity within the structure. Although the payment received from the employer is not the sole motivator it satisfies the contract of employment. Hegewisch (1991) wrote the pay packet is one of the most visible expression of the employment relationship, its main issue is the exchange between employer and employee, expressing a connection between the labour market, the individuals work and the performance of employing the organisation itself(Hegewisch (1991) cited in Beardwell I Holden L 1994 :500). The organisation pays employees well; their reasoning was to compensate employees enough so they didnt have to worry about money. This way, they argued, employees were made able to do their job, service the customer. Tom Peters focuses on this point when discussing closeness to the customer. To overspend on service people keeps customers happy and Disney knows what its customers like. It may cost Disney a lot and be unprofitable in the short run, but the company looks to the long run to keep those customers (Tom Peters cited in Anonymous1997). As the first leader in the Disney Corporation that is not a family member Michael Eisner has turned the organisation around. The success is world wide, with new products being launched continually. Michael Eisner style of leadership is completely the reverse of the way the organisation had been run. Ultimately, Michael Eisner is seeking to generate enthusiasm and involvement among Disney employees. Enthusiasm and involvement leads to motivated employees. This is achieved through reinforcing the culture of fun and innovation. The employees are paid well, to motivate them and to reduce financial worries that could impinge on their performance. Although creativity and innovation is encouraged it could be argued that the knowledge of the employees is viewed as objects to the organisation. Eisners leadership is transformational and charismatic. Transformational leaders provide the tools that can help employees achieve greatness. There are networks in place that increase the synergy within the organisation, all employees knows what the strategic plans are. Although the organisation has been reformed, we must not lose sight of the ultimate goal. Michael Eisner values the ideas of every individual and endeavours to offer a creative, fun environment in which they may ultimately see their ideas grow and take shape, adding to the Disney magic and of course, the bottom line Bibliography Beardwell I and Holden L,(1996) Human Resource Management Pitman Publishing, London Buchanan D, and Hucczynski A, (1991)Organisational Behaviour Prentice Hall, Padstow Burnes, B. (2000) (3rd Edition)  A Strategic Approach to Organisational Dynamics Pearson Education, Edinburgh Gratton, L (1999) Strategic Human Resource Management: Corporate Rhetoric and Human Reality.; Oxford University Press (UK), Oxford Grint, K. (2000) The Art of Leadership, Oxford University Press, Oxford. Hamlin, B. et al (2000) Organisational Change and Development,  Pearson Education, Edinburgh Hofstede G (1980) Cultures Consequences: International Differences in Work-Related Values, Pitman Publishing, London Johnson, G Scholes J (2004) (6th Edition) Exploring Corporate Strategy Prentice Hall, Hemmel Hempstead. Marchington M and Wilkinson A, (1997) Core Personnel and Development IPD publishing, London Rose M Industrial Behaviour (1978) Penguin Harmondsworth Steers,R. (1996) Motivation and Leadership at work McGraw-Hill Trompenaars F (1997)(2nd Edition) Riding the Waves of Culture, Nicholas Brealey London : Mullins, L (2005) (7th Edition) Management and Organisational Behaviour Prentice Hall, Pearson Education, Edinburgh Anonymous(1997) How Disney uses differentiation to maintain distinctive quality Strategic Direction.  Bradford: May 1997 Cohendet, Pet al (1999). Knowledge co-ordination, competence creation and integrated networks in globalised firms Cambridge Journal of Economics Coyle, J. (2000) John P. Kotter on What Leaders Really Do (An interview with the author) Human Resource Planning Vol.23,   Drucker, P. et al (1997) Looking ahead: implications of the present. Harvard Business Review, Sept-Oct 1997 v75 Fletcher, B   Jones, F (1992) Cultural Auditing Managerial Auditing Journal Hightower, D. (1993) Creativity is your business too! Planning Review.  Sep/Oct 1993. Vol.21, Kotter. J. (1999) What Effective General Managers Really Do. Harvard Business Review, March-April 1999 v77 Wetlaufer, S. (2000) Common Sense and Conflict An Interview with Disneys Michael Eisner. Harvard Business Review, Jan 2000 v78 Wetlaufer, S. (2000 a) Reinventing Disney Strategic Direction, Sep 2000.Vol.16,

Article For The Woman Day Magazine Essay

I would like to know if you are interested in helping me write an article for the Woman day magazine. They have asked me to write an article for their magazine. I have written articles for them before on different topics mainly related to law stuff. I told them my choice was on incontinence in woman and using a vibrator. Also I would like to explain how a helper can work if you can get help from someone experienced. Let me know what you think about this idea, should I pitch this idea? We would be marked as unknown authors; therefore our names will not appear in the article. We can also set up an email account in order to help other women regarding this issue. They are so many women that have this problem and are looking for answers. I am glad that this information is finally coming out and it is not very soon. Men usually do not object to several things but women always have several questions than men do. I am just glad that a recent study is being done on this and around this time next year it will be published as journal article. The study that is being done is the use of vibrator by half of the women while the other half gets a helper. The first part of the study has proven that women who have a helper are 50 to 60 percent dryer than normal. The next part of the study shows that women are going to do the same but will add visiting a person like Debbie in Mequon; the findings should be this that a woman should have a helper and do treatment as Debbie recommends, should stay 60 to 80 percent dryer than just putting the vibrator in. This study is being done by Urology at Hopkins: Brady Urological Institute Incontinence one of the team member is Karen E. Boyle, M.D and those guys who helped me get the journal article from last email I sent you. This is cutting edge and I am so happy it is coming out Mary. Really let me know if you are interested in doing this; I love to work with you on this and get your thoughts. This is a copy of the letter from Karen Boyle. Kathy is using a vibrator and having a helper is her idea. I have the same problem and when I have to travel I see such a difference but with my helper I am staying so much dryer. This has always been so hard for women to talk about but we have needs similar to men. What has bothered me for years, Kathy, is that men can just go to the Walgreen but we have to go to one of those stores so we have to feel dirty. This is because it is not like the guy’s penis since using a vibrator causes contractions and relaxation around the bladder and uterus. But moving the vibrator in and out make these contraction stronger, that’s why to have a helper is better because they can feel if you are having these contractions and act accordingly. Pulling it out once in a while during this exercise will also make the contractions stronger. I am glad that am going to write the article for that magazine if needed. [Please email or leave a note at front desk for me. Why intercourse doesn’t work is because the guy’s penis doesn’t vibrate?] Once again Mary if you believe you can help me for this cause then do let me know and then we can start writing idea together. I know how is it much better to get help form you. Just let me know if you’re interested.

The Peak of Slavery Rights - Free Essay Example

Sample details Pages: 4 Words: 1113 Downloads: 10 Date added: 2019/05/17 Category Society Essay Level High school Tags: Slavery Essay Did you like this example? The Peak of Slavery Rights On January 24, 1848 gold had been discovered in the Sacramento Valley in California by a man named Henry William Bigle. He had documented in a small note book saying, this day some kind of mettle that looks like goald. (Created Equal, 2010, p. Don’t waste time! Our writers will create an original "The Peak of Slavery Rights" essay for you Create order 312). Soon after the discovery of gold many immigrants from all over came to Sierra Nevada Mountains in 1849 and soon gained the name the Forty-Niners because of the year the immigrants had gone to go search for gold themselves which was in 1849. Many different cultures from Gold Rush years were bunched together and people from different countries began to acknowledge the Mexican culture. California had become part of the U.S. after the U.S.-Mexican War. In 1848 a Treaty of Peace Limits, and Settlements had ended the Mexican-American War (Deer, 2005), which helped the U.S. obtain about 530,000 square miles of land that went from northwest Texas to California. This was called he Mexican Cession, this land became home to over 13,000 Spanish speakers and 100,000 Indians (Created Equal, 2010,p. 312). With all of this happening slavery had tensions bearing high making civil war a possible threat that resulted in the Compromise of 1850. Compromise of 1850 The Compromise of 1850 was brought up in an attempt to sooth a conflict between the North and South about keeping slavery in California. This Compromise could interrupt balance between free and slave states in the U.S. Senate (Primary Documents in American History). Senator Henry Clay had tried putting some resolutions on the table to fix the problem and avoid any more conflict with the North and South because if not they would have been major fighting going on civilly. In the beginning the bill had been in the air until Calhoun had tried attacking that the North should not have to limit their slavery, Webster had made a speech trying to make his abolitionist supporters extremely upset, Senator William H. Seward of New York had opposed the bill and gained a reputation for radicalism by claiming that a higher law than the Constitution was meant to check slavery (Compromise to Slavery Authors). In a book called The Slave Catchers: Enforcement of the Fugitive Slave Law 1850-1860 is describes the arguments that had risen to make this bill into a working law. The law was meant to protect and give the free slaves the same rights as a common white man at the time. Conflicts Problems had risen in 1850 as a result of many new revolutionary things such as: railroads, better farm equipment, factorie, etc. that led to vast changes to regional economies. Slavery had still done some shaping to the South which was still causing problems but this time it was causing problem to Native Americans. It caused conflict because of social disruption. With that as an issue the country was still fighting about keeping slavery. Change for the Native Americans Indians were forced to move from, present day, Oklahoma. there were five tribes that had to move, they were known as the Five Southern Tribes, the Cherokee, Choctaw, Creek, Chickasaw, and Seminole. After they had moved they created a capital and named it Talequah. They flourished from there and had even created a new newspaper called The Advocate (Created Equal, 2010, p. 314). In 1850 the United States had made treaties to come to agreements with the Indians. The treaties Fort Laramie Treaty of 1851 and Treaty of Fort Atkinson were meant to give back to the tribes after the European Americans had taken over whatever land they were forced out of because of construction of railroads and forts. The European American people would give back things such as beef, bacon, thread, knives, etc. But that wouldnt be sufficient enough to the Indian tribes as they wanted nothing more but for the white people to finally choose a settlement and to stop going on to the little they had left of their home lands but little they know was that they would be overwhelmed with the rising technology weaponry, and huge numbers of people moving to the west. The battle for land in the Southwest The U.S. had gained land which resulted in a problem arising with legal and political conflicts with people living in the territory in which the United States had gotten and apparently in the Treaty of Guadalupe Hidalgo, they didnt just get California they also got (present day) New Mexico, Arizona, Utah, and western Colorado. Later they made a purchase called the Gadsden Purchase, this purchase had gotten the United States 55,000 acres of land which was found south of the Gila River which (Created Equal, 2010, p. 314). Meanwhile in Texas European Americans began fighting with Tejanos over political and economical supremacy. People brought in their slaves claiming that slaves were a crucial part in economical and commercial growth. During the 1850, many things like commercial farming made a big impact in Texas but the Tejano culture remained dominate in the culture, language, and diet. Soon after California authorities had tried to kill Joaquin Murrieta who was like a modern day Robin Hood. He had provided for the lower Class in the Rio Grande Valley by taking from the upper social class but the Authorities had had enough and brought out todays Texas Rangers to finally end the dispute with Murrieta and Juan Cortina but as they tried ending the dispute a war began , this war was called the Cortinas War. The war had begun when Juan Cortina would plan attacks on wealthy European Americans. After the war he became a hero to all Tejanos who could have been striped off all their rights and freedoms. Division in the Midwest, Southern Economics, and Norths Free Labor Ohio, Indiana, Illinois, 9and most of Michigan, Minnesota, and Wisconsin had made this thing called the Yankee strip (named after the European settlers that first migrated over to that region). Swiss, Germans, and Belgians had decided to live in the Wisconsin and Minnesota area. In the lower southern Midwest of Illinois, Ohio, and Indiana there was still some ties to slavery. Works Cited Anderson, Andy. Excerpts from the Texas Slave Narratives . Digital History, 20 June 2003, www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3psid=3658. Authors, History.com. Compromise of 1850. History.com, AE Television Networks, 27 Oct. 2009, www.history.com/topics/abolitionist-movement/compromise-of-1850. Created Equal- Wood, Peter H., et al. The Crisis over Slavery. Created Equal, by Jacqueline Jones, Brief Third Edition ed., Combined Volume, Pearson Education, 2010, pp. 312â€Å"335. Deer, Michael. Monuments, Manifest Destiny, and Mexico. National Archives and Records Administration, National Archives and Records Administration, 2005, www.archives.gov/publications/prologue/2005/summer/mexico-1.html. Primary Documents in American History. Web Guides, Victor, 2017, www.loc.gov/rr/program/bib/ourdocs/compromise1850.html.

Electronic Medical Records Information Technology For...

In 2009, one of the largest US initiatives to date put place under Health Information Technology for Economic and Clinical Health Act was electronic health records. The main initiative of this act was to encourage widespread use of electronic medical records also known as EHR. EHRs are defined as â€Å"a longitudinal electronic record of patient health information generated by one or more encounters in any care delivery setting. (Menachmi, 2011) Government continues to incentivize the industry with new healthcare objectives based around quality and technology. One can only think that the basis of these initiatives start with the electronic medical records as the foundation. The implementation of electronic medical records can result in many†¦show more content†¦(Bennett, Douv, soleman) These type of data driven decision applications offer numerous advantages in measuring outcomes. This allows physicians to avoid difficulties of paper charts with the ability to access an int egrated system to better collaborate with other physicians. Ongoing published data available due to electronic medical records allows better implementation of research amongst physicians. The data presented shows EHR’s are closing the gap between standardization of care utilizing clinical based research from real population data. EHR’s have assisted in increasing quality of patient care across the board because various variables these programs offer. Most programs promote preventative care and consistently send reminders for appointments, screenings, and vaccinations. This allows agencies to eliminate human error and improve best practices; as it has been seen that these tools have increased the widespread use of influenza and pneumococcal vaccine rates by 35%. In the hospital setting you hear countless stories about individuals coming in after multiple calls for a screening, where cancer is identified at the earliest stage and is prevented; all because of consistent reminders generated from an EHR system. Another reduction I can account for by working in the hospital setting is the reduction rate of medication errors. This happens more often than any organization would

Code Of Ethics And Stakeholders - 1162 Words

Code of Ethics and Stakeholders Ferrell (2004), describes stakeholders as employees, customers, shareholders, and suppliers. (Company Name)Human Resources Department commitment to stakeholders is very important and reflects the highest standards regarding professional ethics and conducts. All stakeholders’ role in the company is vital for success. The human resources goal is to comply with ethical codes, policies and procedures as well as all state, federal, and national laws. (Company Name) has a reputation for integrity, and this integrity reflects the company’s code of conduct. The human resources is a goal-oriented department committed to making stakeholders interest a priority within the company. Therefore, hiring qualified, employees trained in the ethical codes, polices, and procedures as specified in company goals is a focus in meeting company’s needs. In being an equal opportunity employer, (Company Name) shall not discriminate on the basis of race, gender, age, ethnicity, marital status, disability, religion affiliation, philosophical beliefs, sexual preference, and political affiliation (Armstrong 2011). (Company name) success depends on customer’s satisfaction. The Human Resource Department focuses on assisting the company in meeting goals that caters to customer satisfaction. In maintaining ethical code, all customers shall receive equal treatment. At no time shall (Company Name) comprise any customers information either by management, employees, orShow MoreRelatedCode Of Ethics And Ethics Essay1704 Words   |  7 PagesCode of Ethics Implementation A Code of Ethics is regarded as the written guideline to the moral constitution of an organization ( ). The Code of Ethics (Appendix A) outlines the rights, duties, responsibilities, and a benchmark for the organization and its evaluation (Mihai Alina, 2013). 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Graham vs Connor Free Essays

Graham vs. Connor On February 21st, 1989 Dethorn Graham, a diabetic was having an insulin type reaction. He called his friend Berry and asked if he could pick him up and take him to buy juice from the local convenience store to stop the reaction. We will write a custom essay sample on Graham vs Connor or any similar topic only for you Order Now When he arrived at the store Graham noticed the long line at the cash register and decided the wait was too long. He ran out of the store and got back into Berry’s car and asked if he could take him to a friend’s house around the corner. A city police officer, Connor, was on patrol when he noticed Graham enter the store and leave quickly, and became suspicious. The officer followed Berry’s car and performed an investigative stop. Connor had both men sit and wait while the officer made sure nothing had gone on inside of the store. Responding back up police arrived on scene and did not listen to Graham’s explanation of his condition. The handcuffed him and ruffed him up a little in the process, Graham received multiple injuries. Officer Connor let Graham go after discovering that he had done nothing wrong. Graham sustained multiple injuries. Graham filed a law suit in the District Court under against all respondents, stating that Connor and the other officers had used excessive force in making the stop, in violation of Graham’s 14th amendment. In this case there are many things that Graham and Connor could do differently. Being a diabetic I believe that Graham should have been provided an insulin shot and he should have it on him at all times. Also when entering the store I believe that Graham should have alerted a worked or the people in line that he was having a reaction and to allow him to move to the front of the line. I believe that Graham could have been nicer to the officer, when he was in the car Graham stated, â€Å"If he thinks I’m going to sit here in the car while I’m dying to wait for him to find out something when there really is nothing. (1)† If he would have explained to the officer that he was having a sugar type reaction the officer may have been more helpful. There were a few things that the officer did that he could have done differently to stop any problems. First Connor did a good job in making an investigation stop, due to the suspiciousness Graham displayed. When Connor pulled over Berry and noticed something wrong with Graham that should have become the main focus of the officer. After Berry told the office that his friend was having an insulin type reaction, Connor should have immediately called an ambulance. This way there is no problem and that Graham would not be in harm. The officers should not have been as tough as they were with Graham, unless he was fighting, then the appropriate force should have been used. If not then the force was unnecessary. I believe that the officers were not right in what they did. I believe that Graham had a serious medical condition and was not being treated for it. I believe the force used against Graham was used not to protect but to just cause harm. There was no proven evidence that graham did anything wrong. The officer was going all off what he believed may have been a crime, and in the long run could have caused a more serious injury to Graham. I do not believe that a person should just be able to complain that they were being mistreated without and evidence, because that would happen too often by people who want easy money. Work Cited (1) â€Å"Graham v. Connor, Trial Record. † Graham v. Connor, Trial Record. N. p. , n. d. Web. 08 Apr. 2013. (2) â€Å"Graham v. Connor – 490 U. S. 386 (1989). † Justia US Supreme Court Center. N. p. , n. d. Web. 8 Apr. 2013. How to cite Graham vs Connor, Papers

Contractual And Tortious Liabilities In A Contraction Project

Question: Discuss about the Contractual And Tortious Liabilities In A Contraction Project. Answer: Introduction A document which sets out the obligations of the parties to a construction project is known as known as a construction contract. A construction project consists of both contractual as well as tortious liabilities for the parties to it. It is in the best interest of the parties understand about the rights and obligations which they have in relation to a construction project so that any further dispute can be avoided. It is essential for the parties to ensure that they document all the rights and obligation which they have in relation to a construction project and oral agreements have to be avoided at all cost. Parties to the construction projects can select a standard form of construction project for the purpose of carrying on with their operations. One of the best standard form of contracts which are used in the United Kingdom is the Joint Contract Tribunal (JCT) standard form of contract. This reports deals with a major construction project in relation to the construction of a flags hip hotel in Springville and therefore the JCT Major Project Construction contract (MP) has been selected for the purpose (Hughes, Champion and Murdoch 2015). The parties to the construction project also owe a duty of care towards each other to ensure that they are not subjected to undue losses or detriments and therefore they are also subjected to the obligations under thelaw of torts (Burr 2016). The paper discusses the contractual and tortious liabilities in a contraction project by discussing the impacts of major clauses in a construction contract in the light of relevant caselaws and legislations. JCT standard Form of contract (MP) This type of contract has been formulated for construction projects which operate on a large scale and which involve major work. Employers who procure large scale construction projects on a regular basis use this type of contract. on the other hand the contractors who have the ability to manage high risk which may be considerably less under other forms of JCT contracts and have experience in relation to large construction projects choose this type of contract. Projects which have been procured through the design and building method are best suitable under this form of contract. Therefore in the given situation the where Madeleine Li is planning a flagship hotel which is worth millions of pounds and the contractor selected for the project Monroe Construction (UK) Ltd (MCUK) is also a big company the JCT MP contract is best applicable. In this form of contract the contractor and the employer have in-house procedures which have been developed by themselves and therefore the contract conditions requires only limited procedures to be set out. As in this case the contractor is subjected to increased risks as compared to other forms of contract they along with the employer and subcontractors are efficient in undertaking projects which are commercially large (Williams et al. 2013). The contractor under this contract has the responsibility of designing and the completion of the project. The extent to which the designing work is to be carried out by the contractor is subjected to variations. The contractor in this case may also be asked to complete the design based the concept which has been given by the employer or their advisors. In other cases the contract imposes a liability on the contractor to undertake the work starting from design till the contraction project is completed through the employment of sub-contractors or through their house teams. Generally this type of contract has a novation agreement which allows the designer or architecture who worked with the employer initially to continue and complete the design under the responsibility of the contractor (Cartigny Lord 2017). Important clauses in JCT MP Standard Form Contract There are various clauses in the JCT standard form contract however this part of the report only discusses about the most importance causes which can have a significant effect on the parties to the construction project in terms of legal and financial liabilities. The MP is divided into four sections which acts as helpful guidance which are the contract conditions, the contract particulars, the third party rights schedule and the pricing document (Eadie et al. 2013). The contract conditions which are set out in section headed format so that similar clauses are kept together contains the primary terms of which the construction work is to be carried out such as time of completion, method of payments and contract variation clauses. The contract particulars which were formerly included in appendix set out all particular information which includes default option wherever applicable (Cooke and Williams 2013). The their party rights schedule sets out the terms in relation to the rights of the third parties and finally the pricing documents set out information required to allow the calculation of valuation of changes and the contract terms. The major areas where the parties need to be careful in relation to the contract includes scope of work, payments, price variation, time variation, project type variation, warranties and bonds, indemnification (Keane and Caletka 2015). Variations A variation order is an order under the construction contract for the purpose of altering the scope of work in a construction project by adding, substituting or omitting the original scope of work. Almost all large construction projects alter to some extent form the original scope of work. The change may however not be easy for the parties to the contract and therefore these in event of such orders the aggrieved party has to be compensated for any loss which have been incurred by them in relation to the change. Variation may also take place when the contract document does not contain specific work which need to be performed and in such cases the other party loses the right to claim any compensation. Therefore it is recommended that all such information is properly documented. Variation can also be in relation to the time when the project is to be completed and in case the project is not completed in the provided time the aggrieved party may be entitled to compensation (Thomas and Wri ght 2016). Indemnification Indemnification clauses are incorporated by the parties to the contract so that the parties are not made liable beyond a set limit. Through these clauses the parties to the construction contract limit their liability to a certain extent and therefore cannot be held liable beyond the Set liability. As the MP has provisions for an indemnity clause the parties to the contract must be very careful while negotiating the close as at the time of any breach the wrongdoer may use such clause to limit the liability which may be detriment to the aggrieved party (Potts and Ankrah 2014). Payments The provisions in relation to how payments are to be made with respect to the construction contract had to be set out specifically and clearly through the terms of the contract. Large construction project may require periodic payment by the employer to the constructor and therefore the provisions in relation to search payment should be clear in order to avoid any dispute. Under the MP it is not allowed to incorporate a term into the contract according to which the payment for the contract would depend upon the performance of any other contractual obligation arising in some other contract (Adriaanse 2016). Adjudication The MP sets out provisions in relation to a statutory adjudication. No parties to the contract is allowed to add a clause into the contract through which only one party would be liable to pay the cost of the process until and unless it is provided by the arbitrator. Dedication has to be done mandatorily before the parties seek any other way of resolving the contractual dispute such as litigation (Tomlinson and Woodward 2014). Construction law cases and legislation in UK Construction contracts in UK are covered the by Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act). The provisions of Housing Grants, Construction and Regeneration Act 1996 have been significantly amended by the new legislation. Which was applicable on most of the construction contracts in the United Kingdom since 1998. The new legislation contents fallback provisions in situation where the construction contract expressly does not contain terms in relation to payments and adjudication. The legislation was a result of constant demand from the interested party with respect to enhancing the perceived weakness in construction projects which fall into mainly two provisions of payment and adjudications. One of the most significant changes in relation to the act has been section 107 which expressly provided that for the act to be applicable the construction contracts have to be in writing which excluded those contracts which were not in writing and subjected search parties to detriment. The new legislation no longer makes it mandatory for a construction contract to be in writing in order for that to be applicable. In the case of Bridgeway Construction Ltd v Tolent Construction Ltd [2000] CILL 1662 it was held by the court that construction contracts can have a Tolent clause in which the cost of adjudication would be borne by the party who has referred the dispute graduation. The provisions was present to prevent a party from referring a dispute to adjudication the new legislation to Section 108 prevents the use of the tolent clause and render any such clause ineffective in relation to construction contracts until and unless power is provided to the adjudicator to allocate the cost of the proceedings. The legislation introduces provisions of statutory at dedication which means that it is binding on the parties to the construction contract until they try to resolve the dispute through the process of litigation. The new legislation also address is the issue of incorrect ruling by introducing slip rule which enables the adjudicator to correct typographical of clerical error in a decision. The previous legislation supported the pay-when-paid clause however the new legislation sets out provisions to invalidate the use of such clause. The rule had been discussed in the case of Midland Expressway Ltd v Carillion Construction Ltd [2005] EWHC 2963 with the court describe the process pay-when-certified, however under the new legislation the payment provisions in a construction contract cannot be linked to the provisions of any other contract until and unless there is an agreement between the parties for doing the construction operation through another party rather than one of the parties to the contract. According to the case of Cavendish Square Holdings BV v Talal El Makdessi and ParkingEye Limited v Beavis [2015] UKSC 67 a penalty clause in a construction contract is added to prevent the other par ty to the contract from breaching and provisions however the real damages are still assessed from the actual loss which has been faced by the aggrieved party to the contract. In the case of MT Hojgaard A/S v EON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407 it was ruled by the court that where a contract has an absolute warranty it is the liability of the contractor to achieve a specific result even in case he had complied with specific design guidance where the absolute warranty in the contract is clear and consistent with the other provisions of the contract in the case of SSE Generation Ltd v Hochtief Solutions AG [2015] CSOH 92 it was held by the court that it is necessary for the parties to take into account the impact and purpose of any necessary joint names insurance in the initial stages of the contract and set out in the contract weather the policy is a substitute to any contractual liability or they exist together. Negligence in construction projects The import of a number of professionals are required in most of construction project where is of the professionals have a different role to play in the project starting from designs till the project is completed. Each professional for the duty of skill and care towards the other party. In addition the input of non-professional such as building contractors are also required for the purpose of successfully completing the project (Walker 2015). There are significant risk associated in the construction project which may lead to damages due to the negligence of those who are involved in the project. Who has been at fault in relation to the damages with respect to the input of professionals and non-professionals complicate the argument further. Negligence cases in the construction industry can result in significant damages and therefore the parties to the project have to be very careful in the way in which they carry out the operation. In addition they must always have and insurance in pla ce to mitigate the risk of any negligence which has been committed by their agents. The Architects who has the role of designing the whole construction project would be considered negligent failed objective test and are not able to deploy the skill and diligence which a reasonable professional architect would have done in the same situation. These Architects automatically over duty of care towards the employer and the constructor according to the principles laid down in the landmark case of Donoghue v Stevenson 1932 AC 522. According to the principles of this case any person whose action can cause harm to the other was the duty of care towards each other person. The but for test is also applied in the construction industry to ensure that the elements of negligence have been fulfilled. The test is used to determine the last element of negligence which is causation. According to the test if the damages would have not been caused if the negligent Act was not in place then the person ow ing the duty of care is not liable for negligence. Terms in relation to negligence in construction project must be incorporated into construction contract so that the liability of the parties to the project is clear from the outset. However it is to be noted that under thelaw of negligence in UK a person is not allowed to add an exclusion clause in the contract with respect to the liability of negligence. Therefore construction contracts and only have exclusion clause in relation to contractual liability but not for the liability of negligence by the parties involved in the project (Brook 2016). Conclusion From the above discussion it can be concluded that construction projects in the United Kingdom are governed by commonlaw horse contract and negligence as well as specific legislations enacted by the parliament. For the purpose of carrying out any major construction work which is to be done in this case one of the most suitable form of standard contracts is the JCT major project contract. The contract provides flexible clauses which can be determined by the parties to it. However the clauses cannot be of such a nature where they are contrary to any existing common law or legislative provisions. Therefore Madeleine Li have to take into consideration the above discussed provisions in relation to construction projects to carry out the operations of the new hotel in Springville. References Adriaanse, M.J., 2016.Construction contract law. Palgrave Macmillan. Bridgeway Construction Ltd v Tolent Construction Ltd [2000] CILL 1662 Brook, M., 2016.Estimating and tendering for construction work. Taylor Francis. Burr, A. ed., 2016.Delay and disruption in construction contracts. CRC Press. by Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act) Cartigny, T., Lord, W. (2017). Defining social value in the UK construction industry.Proceedings of the Institution of Civil Engineers-Management, Procurement and Law,170(3), 107-114. Cavendish Square Holdings BV v Talal El Makdessi Cooke, B. and Williams, P., 2013.Construction planning, programming and control. John Wiley Sons. Donoghue v Stevenson 1932 AC 522 Eadie, R., Browne, M., Odeyinka, H., McKeown, C., McNiff, S. (2013). BIM implementation throughout the UK construction project lifecycle: An analysis.Automation in Construction,36, 145-151. Hughes, W., Champion, R. and Murdoch, J., 2015.Construction contracts: law and management. Routledge. Keane, P.J. and Caletka, A.F., 2015.Delay analysis in construction contracts. John Wiley Sons. Midland Expressway Ltd v Carillion Construction Ltd [2005] EWHC 2963 MT Hojgaard A/S v EON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407 ParkingEye Limited v Beavis [2015] UKSC 67 Potts, K. and Ankrah, N., 2014.Construction cost management: learning from case studies. Routledge. SSE Generation Ltd v Hochtief Solutions AG [2015] CSOH 92 Thomas, R.W. and Wright, M., 2016.Construction contract claims. Palgrave Macmillan. Tomlinson, M. and Woodward, J., 2014.Pile design and construction practice. CRC Press. Walker, A., 2015.Project management in construction. John Wiley Sons. Williams, T., Bouchlaghem, D., Loveday, D. and Law, C., 2013. Principal contractor involvement in post-occupancy evaluation in the UK construction industry.Facilities,31(1/2), pp.39-55.